HomeMy WebLinkAboutPacket 05-18-2010 RegularCity of Cape Canaveral
�-101 Polk Avenue
Tuesday
May 18, 2010
7:00 PW
IT, UeN 7K MITI
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIS:
TOO p.m. — 7:10 p.m,
Deputy of the Month
REPORTS:
7:10 pm. — 7:45 p.m.
City Manager
Staff
i1wil qptii g I'lig 111111:1111111111p 11
7:45 p.m. — 8:00 p.m.
Council may schedule such items, as, regular agenda items and act upon them in
the future.
105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-03,26
Telephone: (321) 868-1220 Fax: (321) 868-1248
www.cityofcapecaiiaveral.org - email: ccapecanaveral@cfl.,rr.com
City of Cape Canaveral, Florida
May 18, 20 10
Page 2 of 3
8:00 p.m. — 81-05p.m.
Approve a waiver of any and all fees for the Movies in the Park on
5/21/10, 6/18/10, 7/16/10 and 8/13/10.
1 Approve an, Alcohol Exemption Permit for Jeremy Graves foprivate
rental at Manatee Park on May 22, 2010.
4. Approve the Second Quarter Budget Transfers for the Quarter Ending
March 31, 2010, FY 2009/201 O
5i Selection of the New City Manager.,
6. Consider a request for funding for the July 3rd Fireworks at the Port --
Mich el
Michael Schwarz.
T. Discussion and necessary action related to the Taylor Avenue Area
Stormwater System Repairs.
& Consider Ridgewood Avenue Improvements Project Northward Extensi
and requests for approval for:
1), Change Ordeir #2 to Brewer Paving and Development, Inc; and
2) Additional funds to Stottler Stagg and Associates, Inc for additional
drawings. I
9, Provide Direction related to the Stormwater issues at 8106 Presidenti
Street. i
F -R III - iiiiiiiiiiiiiiiiiiiiil of* wON I O.Z� li, w w w- .w w
11 1, Discussion wwwrovide direction related to the Annual and Sick Leave
Policies.
REPORTS:
9.-30 p 0: 0,0
1Z Council.
FOCity of Cape Canaveral, Florida
May 18, 2010
Page 3 of 3
Pursuant to Section 286-0105, Florida Statutes, the City hereby advises the public that: lfaperson
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council eting Date: 5118110
Item No. �r
Subject: Approve a waiver of any & all fees for the Movies in the park on the
following dates:
5121110,6118110,7116110&8113.
Department: Parks & Recreation
Summary: The event will take place at Manatee Park, starting at 8:30 pm. The
Kiwanis Club will be selling popcorn & drinks. The event time should be
approximately 2 hours.
Requested Council Action: Approve permit & waive any & all fees.
Financial Impact:
Attachments: X❑ Supporting Documents Reviewed
Applications dated 516110
Submitting Department Head: Robert Lefever Date: 516110
Approved by City Manager: ,(��c9-,� Date:
V Sli/%icy
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5118110
Item No.
Subject: Approve Alcohol Exemption Permits & a waiver of any & all fees for the
Friday Fest Family Street parties on the following dates:
614110, 712110 & 816110.
Department: Parks & Recreation
Summary: The event will take place on Taylor Ave. & Poinsetta Ave. from 6:00
pm to 10:00 pm. Activities at the event include live musical entertainment,
beertwine sales, food vendors, craftlnovelty vendors & a kid's play area.
Requested Council Action: Approve permits & waive any & all fees.
Financial Impact: Net Revenue $1,000 - $1,500
Attachments: Xo Supporting Documents Reviewed
Applications dated 516110
Submitting Department Head: Robert Lefever Date: 516110
Approved by City Manager: Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5118110
Item No. 2
Subject: Approve Alcohol Exemption Permit for Jeremy Graves for a private
rental at Manatee Park on May 22, 2010.
Department: Parks & Recreation
Summary: Mr. Graves is planning a family reunionladoption party for
approximately 65 people from 12:00 pm -- 5:00 pm.
Requested Council Action: Approve permit.
Financial Impact:
Attachments: Xo Supporting Documents Reviewed
Applications dated 5111110
Submitting Department Head: Robert Lefever Date: 5111110
Approved by City Manager: j� Date:,7 �LD
City Council Acti n: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
n
Adopted: 811108
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT
Date: J /4 -la
The applicant is requesting a special permit to allow alcohol at the described event, as per
Cape Canaveral Code, Article III, Alcoh
o
/l Possession & Consumption, Section 6-52 (b).
Name of Applicant: k/-�/`P/�� GC • 1� V -t9 -r Title: r
Organization:
Address: 7r� %6vvz' /z:z
E -Mail:
Telephone: —?.21— 7t9?- feffes"
Local Contact: .f el'lz
C o-"-'
Type of Event:r
Location(s):
PERMIT FEES:
M
Fax: 3a1T;? 7aG�
Title:
�1Time(s):
The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request
as required by the City,pf Cape Canaveral.
FOR OFFICE USE ONLY
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Date
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the
City of Cape Canaveral.
For further information. please contact:
City of Cape Canaveral
Angela Apperson, Acting City Manager
105 Polk Avenue
Cape Canaveral, FL. 32920
Phone: 321-868-1230
Fax: 321-868-1224
City of Cape Canaveral
City Council Agenda Form
Council Meeting Date: 18 -May -10
Subject: Second Quarter Budget Amendments
Department: Finance
Summary: These are proposed Budget amendments intended to assign the funding
for each department such that they will be able to accomplish their
assigned goals and operations for the remainder of the year.
Requested Council Action: Approve the transfers. These amendments will be consolidated
at the end of the fiscal year for an ordinance to legally put them
in place.
Financial Impact: The General Fund budget is increased $22,695, the Library Fund
budget is increased $1,500 and the Capital Expansion budget is
increased $1,811.
Attachments:Li Supporting Documents Reviewed
Distributed in bound form
Submitting Department Head: Andrea Bowers, City Treasur ate: 11 -May -10
Approved by City Manager: Date: S/
City Council Action:
0 Approved as Recommended
0 Approved with Modifications
Tabled to Time Certain
Disapproved
Angela Apperson
From: fishlipsbar@aol.com
Sent: Wednesday, May 05, 2010 2:08 PM
To: Angela Apperson; apperson-cape@cfl.rr.com; mcintire-cape@cfl.rr.com
Cc: rlefever@cfl.rr.com
Subject: Fireworks Before the Fireworks
Hi Angela,
Who would I need to contact about attending the next city commissioners meeting about sponsorship from the city of
Cape Canaveral for The Fireworks before the Fireworks in Port Canaveral on July 3rd?
I was at the meeting in February, being recognized for our support the the Fire Department, and was allowed to comment
on the success of last years event, and commented that I would be contacting them in the future.
On July third we do a street party celebrating the 4th of July. We do this the day before so to not compete with the other
two shows in the area. It also helps the Hotels in the area to make the forth a 2 - 3 day event.
Last year we touched over 10,000 people in the cove area alone, and was told you could see the show from as far away
the Pier!
Again, our hope is to get the City of Cape Canaveral as major sponsor, in conjunction with Port Canaveral since your right
next door!!
Anyway, our budget is small, $20,000, so all we would look for would be $2500 to $5000.
Let me know!!
Thanks, and I eagerly await your response.
Michael Schwarz
General Manager -Owner
Fishlips Waterfront Bar & Grill
610 Glen Cheek Drive
Port Canaveral F] 32920
321 784-4533 Phone
321 784-4535 Fax
407-460-7443 cell
www. fis h l i pswa terfro n t. co m
fishlipsbar@aol.com
City of Cape Canaveral
City Council Agenda Form
Item No.
Subject: Taylor Avenue Area — Stormwater System Repairs
Department: Public Works
Summary: Recent TV monitoring of the stormwater system in the City of Cape Canaveral
(City) revealed a grout -filled manhole and four grout -impacted stormwater lines in the vicinity of
Taylor Avenue (see Attachment 1). With hurricane season approaching, City staff believes that
repairs should be made to the impacted stormwater system ASAP especially since one manhole
is completely filled to land surface with grout. The attached neap (see Attachment 1) shows the
extent of the grout -impacted stormwater manholes and lines. There are two lines located along
Orange Avenue and two lines located along Magnolia Avenue. Discussions between City staff
and two City contractors (storrnwater contractor and TV monitoring contractor) indicate that
cleaning of the lines is not feasible --- the lines must be excavated and replaced. Therefore, the
proposed scope of work includes the excavation and replacement of these four lines, the
installation of four "Type C" inlets, and the associated repairs to sidewalks and streets, An
investigation is currently being performed by the Code Enforcement Officer to determine what
caused the grout impacted storrnwater manholes and lines. It is premature to discuss the possible
cause.
Requested Council Action: City Council approval of the proposed repairs and the approval
of the work to Atlantic Development of Cocoa, Florida, Inc. (Atlantic).
Financial Impact: This is a non -budgeted item — funds are available in the City's Storrnwater
Fund (403) — a budget transfer will be required. City staff recommends approval of Atlantic's
cost estimate of $43,878.96 (see Attachment 2) - the work will be "piggybacked" on Atlantic's
Continuing Services Alueernent with the City of Cocoa, Florida.
Attachments: Supporting Documents Reviewed
1), Attachment #I — Photographs and Maps
2)..A.ttachment #2 — Contractor Cost Estimate and Continuing Services Agreement
Submitting Department Head: Walter Bandish Date: 5/111/110
Approve Manager: a g e r:
Approved by City M Z� D ate: 5111 /10
City Council Actidn: Approved', as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
OE:
om
[�
�
A
�. 'rr;Ill Awy_fir, 'r
Ar
04/30/2010 13:23 3216323655 ATLANTIC PAGE 02/04
Atlantic Development
Storm Location 01 TAYLOR & ORANGE AVE ADC 10-144 4/30/2010
Remove storm 18"' RCP from ST -1 019 to
ST -1018 and replace
23,6 LF 48.50 11,446,00
Rem ove storm 12"'RC P from ST- 10 18 to
ST -1017 and replace
Remove curb Inlet, Replace with "C" Inlet
ST -1017 and ST -1018
Open out Roadway
Remove & Replace 4'sidewalk 1184 SF 3.65 4,321.60
Miam� Curb
40 LF 22.50 900.00
SOD 283 SY 2.52 $ 713.16
Mill �, 51,1111111m
04/30/2010 13:23 3216323655 ATLANTIC PAGE 03/04
Atlantic Development
of Cocoa, Inc.
�Storm-Location 42 TAYLOR & MAGNOLIA AVE
0
Remove storm 15"RCP from ST -1 002 to
ST -1 003 and replace
Remove storm 12" ftom ST -1 003 to
ST -1001 and replace:
Removecurb Inlet, Replace with "C" Inlet
Open cut Roadway
0000-0-11 —1,111111111111MMI
I 01r� 0-�
Atlantic Development of Cocoa, Inc.
2185 West King Street
Cocoa FL 32926
Attention Glenn S. Grignon — General Manager
Office of the City Clerk
Re: Agreement for Utilities General Construction Contractor
Dear Mr. Grignon:
Joan Clark MMC
65 Stone Street
Cocoa, Florida 32922
(321) 433-8488 —phone
(321) 433-8455 -facsimile
The Cocoa City Council, at its regular meeting of November 10, 2009, unanimously
approved the above referenced agreement. I have enclosed the agreement as executed by
the City of Cocoa. It is requested that you sign the agreement and return it to my
attention. I will date the agreement and provide you with a certified copy.
If you have any questions or require additional information, please feel free to call.
h Sincerely,
Joan Clark, _N4MC
City Clerk
City of Cocoa
THIS AGREEMENT is made and entered into this day of
200% by and between the CITY OF COCOA, FLOPJDA, a Florida Municipal Corporation,
hereinafter referred to as "City", located at 65 Stone Street, Cocoa 32922, and Atlantic
Development of Cocoa, Inc. 2185, West King Street, Cocoa, Florida 32926, hereinafter referred
to as "Utility Contractor".
van le 1:RRIN"It I
WHEREAS, City wishes to obtain under ground utility services on a continuing basis;
M
WHEREAS, the City has followed the selection and negotiation process set forth in the
Florida's Consultants' Competitive. Negotiation Act, Section 287.055, Florida Statutes; and
WHEREAS, Utility Contractor participated in the selection and negotiation process; and
WHEREAS, Engineer is willing to provide such underground utility services to the City
under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
as.,��- fflmpljqv• ,
1.1 Unless sooner terminated by either Party pursuant to the terms and conditions
herein, this Agreement shall terminate on the third (3rd) anniversary of the Effective Date.
1.2 The terms and conditions of any Task Authorization, as described in Section 2
hereof shall be as set forth in such Task Authorization. Any Task Authorization in effect at the
termination of this Agreement shall remain in effect until completion of said Task Authorization,
and all of the terms and conditions of this Agreement shall survive until completion of all Task
Authorizations.
1.3 Defudtions. The following words and phrases used in this Agreement shall
have the following meaning ascribed to them unless the context clearly indicates, otherwise:
a."Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for the Engineer
to provide the engineering services approved by Task Authorization by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
c. "Utility Contractor" shall mean Atlantic Development of Cocoa Inc., and its
principals, employees, resident project representatives (and assistants).
d. " Public Record" shall have the meaning given in Section 119. 011 (1), Floiida
Statutes.
e. "Reimbursable Expenses" shall mean the actual expenses incurred by Utility
Contractor or Utility Contractor's independent professional associates and consultants which
are directly related to travel and subsistence at the rates, and under the requirements of,
Section 112.061, Florida Statutes, or any other actual expenses the City agrees to reimburse by
Task Authorization.
f. "Work" or "Services" shall be used interchangeably and shall include the performance
of the work agreed to by the parties in a Task Authorization.
g ."Task Authorization" shall mean a written document approved by the parties pursuant
to the procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto
approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the
Work to be performed by Utility Contractor under this Agreement.
2.1 The City shall make request of 'Utility Contractor to perform underground utility
services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a
general description of the task to.be performed. The Utility Contractor will generate a detailed
Scope of Work document, prepare a Schedule, add a Not -to -Exceed -Budget or Lump Sum Fee
to accomplish the task, and send the thus developed "Task Proposal" to the City. If a site visit
by Utility Contractor is needed to generate the scope document, Utility Contractor shall
request approval prior to visiting the site. The City will review the Task Proposal , and if the
description is mutually acceptable, the parties will enter into a written "Task Authorization".
The Scope of Services generally to be provided by the Utility Contractor through a Task
Authorization may include any phases of general transportation engineering. These phases are
more clearly defined in the attached Exhibit "A".
The City will issue a Notice to Proceed to the Engineer in the form of a City purchase
order. Upon receipt of the signed Task Authorization and a written Notice to Proceed from
the City, the Utility Contractor shall perform the services set forth in the Task Authorization.
3.1 City May make changes in the Services at any time by giving written notice to
Utility Contractor. If such changes increase: (additional services,) or decrease or eliminate any
amount Of Work, City and Utility Contractor will negotiate any change in total cost or
schedule modifications. If the City and the Utility Contractor approves any change, the Task
Authorization will be modified in writing to reflect the changes; and Utility Contractor shall be
compensated for said services in accordance with the terms of Article 5.0 herein. All change
orders shall be authorized in writing by City's and Utility Contractor's designated
representative.
3.2 All of City's said Task Authorizations and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are applicable..
4.1 Utility Contractor shall perform services in conformance with the mutually
agreed schedule set forth in the negotiated Task Authorization. Utility Contractor shall
complete all of said services in a timely manner and will keep City apprised of the status of
work on at least a weekly basis or as, otherwise reasonably requested by the: City. Should
Utility Contractor fall behind the agreed upon schedule, it shall employ such resources so as, to
comply with the agreed-upon schedule.
4.2 No extension for completion of services shall be granted to Utility Contractor
without, City's prior written consent, except as provided in Sections 3.1 and 20.1 herein.
5.1 General Services. For basic and additional Services performed by Engineer's
principals, employees, and resident project representatives (and assistants) pursuant to
paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that
agreed upon by the parties for a particular Task Authorization.
5.2 Additional Services Performed by Professional Associates and ConsultuU. For
additional Services and Reimbursable Expenses of independent professional associates and
consultants employed by Utility Contractor to render additional Services pursuant to
paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that
billed Utility Contractor by the independent professional associates and consultants multiplied
by a factor of 1.10. Prior to payment by the City, the Utility Contractor shall submit to the
City a copy of any written invoice received by Utility Contractor from all independent
professional associates and consultants which clearly evidences the amount billed by the
independent professional associates and consultants for additional Services and any
Reimbursable Expenses.
5.3 Witness Services. For witness or expert services rendered by Utility
Contractor's principals, employees, resident project representatives (and assistants), and
independent professional associates and consultants on behalf of the City in any litigation,
arbitration, or other legal or interested administrative proceeding in which the City is a named
interested party, City agrees to pay the Utility Contractor or independent professional associate
or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the
party for a particular Task Authorization.
5.4 Reimbursable Expenses. In addition to payments provided in paragraphs
5.1, 5.2 and 5.3 above, City agrees to pay Utility Contractor the actual cost of all
Reimbursable Expenses incurred in connection with any Task Authorization.
5.5 Payment. Upon receipt of a proper invoice from Utility Contractor, the City
agrees to pay the Utility Contractor the invoice amount providing said amount accurately
reflects the terms and conditions of this Agreement and any applicable Task Authorization.
Invoices may only be submitted on a monthly basis unless otherwise agreed by the City.
Unless otherwise agreed in writing by the City, there shall be no other compensation paid to
the Engineer and its principals, employees,, resident project representatives (and assistants),
and independent professional associates and consultants in the performance of Work under this
Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a
proper invoice delivered by Utility Contractor.
6.1 City or its affiliates shall at all times have the right to review or observe the
services performed by Utility Contractor,
6.2 No inspection, review, or observation shall relieve Utility Contractor of its
responsibility under this Agreement.
7.1 City's designated Project Manager may hold periodic progress meetings on a
weekly basis, or more frequently if required by the City, during the term of any Task
Authorization entered into under this Agreement. Utility Contractor's Project Manager and all
other appropriate personnel shall attend such meetings as designated by City's Project
Manager.
MEF��
8.1 Utility Contractor shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, resident project
representatives, (and assistants) while performing Services provided hereunder.
9.1 During the term of this Agreement, City shall grant Utility Contractor
reasonable access to the City's premises, records, and files for purposes offulfilling it
obligations under this Agreement.
10. 1 Liability Amounts. During the term of this Agreement, Utility Contractor shall
be responsible for providing the types of insurance and limits of liability as set forth below.
a)Professional Liability: -Proof of professional liability insurance shall be provided to
the City for the minimum amount of $1,0100,000 as the combined single limit for each
occurrence.
Whe Engineer shall maintain comprehensive general liability insurance in the minimum
mount of $ 1,000,000 as the combined single limit for each occurrence to protect the Engineer
from claims of property damages which may arise from any Services performed under this
Agreement whether such Services are performed by the Utility Contractor or by anyone directly
employed by or contracting with the Engineer.
C)The Utility Contractor shall maintain comprehensive automobile liability insurance in the
minimum amount of $1 ' 000,000 combined single limit bodily injury and minimum $50,00O
property damage as the combined single limit for each occurrence to protect the Utility
Contractor from claims for damages for bodily injury, including wrongful death, as well as from
clairris from property damage, which may arise from the ownership, use, or maintenance of owned
and non -owned automobiles, including rented automobiles whether such operations belay the
Engineer or by anyone directly or indirectly employed by the Utility Contractor.
d)The Utility Contractor shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance and Employers' Liability Insurance in at least such an as
are required by law for all of its employees performing Work for the City pursuant to this
Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the
requirements herein identified shall be maintained during the term of this Agreement. Renewal
certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30
day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage. The City shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time.
10.3 Independent Associates and Consultants. All independent associates and
consultants employed by Utility Contractor to perform any Services, hereunder shall -fully comply
with the insurance provisions contained in this paragraph,
a
11.1 Utility Contractor shall comply with all requirements offederal, state, and local
laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services
under this Agreement.
12-1 Utility Contractor represents that the Services provided hereunder shall conform
to all requirements, of this Agreement and any Task Authorization, shall be consistent with
recognized and so -and engineering practices and procedures; and shall conform to the customary
standards of care, skill, and diligence appropriate to the nature of the Services rendered,
12.2 Utility Contractor represents, that all principals, employees, and other personnel
furnishing such Services shall be qualified and competent to perform the Services assigned to
them and that such guidance given by and the recommendations and performance a f such
personnel shall reflect their best professional knowledge and judgment.
13.1 Utility Contractor guarantees that all Services performed under this Agreement
shall be free from claims of patent, copyright, and trademarks itiffingernerit. Notwithstanding any
other provision of this Agreement, Utility Contractor shall indemnify, hold harmless, and defend
City, its officers, directors, employees, agents assigns, and servants from and against any and all
liability, including expenses, legal or otherwise, for actual or alleged infi:irigement of any patent,
copyright, or trademark resulting from the use of'any goods, Services, or other item provided
under this Agreement. Notwithstanding the foregoing, Utility Contractor may elect to provide
non -infringing services.
I , -, OLIAngliam
14.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program-, audio or video tape, photograph, or other writing of the
Utility Contractor and its independent contractors and associates related, directly or indirectly, to
this Agreement, shall be deemed to be a Public Record whether in the possession or control of the
City or the Engineer. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Utility Contractor is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of
the City's City manager. Upon request by the City, the Utility Contractor shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the
normal working hours of the Utility Contractor be open and freely exhibited to the City for the
purpose of examination and/or audit,
s
14.2 Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Utility
Contractor and its independent contractors and associates pursuant to this Agreement or related
exclusively to the Services described herein may be reused by the City for any reason or
purpose at anytime. However, the City agrees that the aforesaid documents are not intended
or represented to be suitable for reuse by the City or others on any undertaking other than the
Work outlined in this Agreement. Any reuse for an undertaking other than for the Work
without verification or adoption by the Utility Contractor, or its independent contractors and
associates if necessary, to specific purposes intended will be at the City's sale risk and without
liability or legal exposure to the Utility Contractor.
14.3 The Utility Contractor acknowledges that the City is a Florida Municipal
Corporation and subject to the Florida Public Records Law. Utility Contractor agrees that to the
extent any document produced by Utility Contractor under this Agreement constitutes a Public
Record, Utility Contractor shall comply with the Florida Public Records Law.
15.0 ASSIGNMENT
15.1 Utility Contractor shall not assign or subcontract this Agreement, any Task
Authorization hereunder, or any rights or any monies due or to become due hereunder without the
prior, written consent of City.
15.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Utility Contractor, Utility Contractor shall be fully responsible to City for all
acts and/or omissions performed by the subcontractor as if no subcontract had been made.
15.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Utility Contractor who shall take irnmedia4te steps to remedy the
situation.
15.4 If any part of this Agreement is subcontracted by Utility Contractor, prior to the
commencement of any Work by the subcontractor, Utility Contractor shall require the
subcontractor to provide City and its, affiliates with insurance coverage as set forth by the City.
16.0 ENDEPEND CONTRACTOR
16.1 At all times during the term of this Agreement, Utility Contractor shall be
considered an independent contractor and not an employee of the City.
17.0 DEFAULT BY UT 1T CONTRACTOR AND CITY'S REMEDIES
17.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
17.2 Utility Contractor defaults in the performance of any material covenant or
condition of this Agreement and does not cure: such other default within thirty (30) calendar days
after written notice from the City specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied
within thirty (30) calendar days, in which case the Utility Contractor shall have such time as is
reasonably necessary to remedy the default, pro -tided the Utility Contractor promptly takes and
diligently pursues such actions as are necessary,
17.3 Utility Contractor is adjudicated bankrupt or makes any assignment for the benefit
of creditors or Utility Contractor becomes insolvent, or is unable or unwilling to pay its debts; or
17.4 Utility Contractor has acted grossly negligent, as defined by general and applicable
law, in performing the Services hereunder; or
17.5 Utility Contractor has conitnitted any act of fraud upon the City; or
17.6 Utility Contractor has made a material misrepresentation of fact to the City while
performing its obligations -under this Agreement.
17.7 Notwithstanding the aforementioned, in the event of a default by Utility
Contractor, the City shall have the right to exercise any other remedy the City may have by
operation of law, without limitation, and without any farther demand or notice.
18.1 Notwithstanding any other provision of this Agreement, City may, upon written
notice to Utility Contractor, terminate this Agreement, without penalty, if- (a) Utility Contractor
is in default pursuant to paragraph 17.0 Default; (b) Utility Contractor makes a general
assignment for the benefit of its creditors; (c) Utility Contractor fails to comply with any condition
or provision of this Agreement; or (d) Utility Contractor is experiencing a labor dispute which
threatens to have a substantial, adverse impact upon performance of this Agreement without
prejudice to any other right or remedy City may have under this, Agreement. In the event of such
termination, City shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work properly performed prior to the
effective date of termination.
19.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; ware; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and/or state law
or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control
of the party affected; provided that prompt notice of such delay is given by such party to the other
and each of the parties hereunto shall. be diligent in attempting to remove such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.,
20.1 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
21.1 Paragraph headings, are for the convenience of the parties only and are not to be
construed as part of this Agreement,
22.1 In the event any portion or part of thereof this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable by a court of law, the parties shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and
enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable.
23.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
24.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Utility Contractor.
25.1 Utility Contractor warrants that it has not employed or retained any company or
person, other than a bona Ede employee working solely for the Utility Contractor, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or &n,4 other than bona fide employee working solely for the Utility
Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
26.1 This Agreement, including any Task Authorizations and Schedules, Attachments,
Appendix's and Exhibits attached hereto, constitute: the entire agreement between City and Utility
Contractor with respect to the Services specified and all previous representations relative thereto,
either written or oral, are hereby annulled and superseded.
27.0 NO 10INIVENT URE. Nothing herein shall be deemed to create a joint venture or
principal -agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any
such relationship with the other,
28.0 ATTORNEY'S FEES. Should either party bring an action to enforce any of the terms
of this Agreement, the prevailing party shall be entitled to recover fiom the non -prevailing party
the costs and expenses of such action including, but not limited to, reasonable attorneys' fees,
whether at settlement, trial or on appeal.
29.0 COUNTS TS. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
30.0 DRAFTING. City and Utility Contractor each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
For Utility Contractor
Atlantic Development of Cocoa
2185 West Kin,& Street
Cocoa, Florida 32926
Attention Glenn S, Grignon — General Manager
Phone: ,321-639-8788
For City:
City of Cocoa/ Utilities Department
Attention! Water Field Operations
N
600 School Street
Cocoa, Florida 32922
(321)433-8700 FAX: (321)433-8708
31.2 Either party may change the notice address by providing the: other party written
notice of the change,
32.0 SO VE REIGN IMMUNITY Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Flodda Statutes,
or other limitations, imposed on the City"s potential liability under state or federal law.
33.0 CO• ORATERFPRFSEiNTATIONSBYEl's GIN -EER. Engineer hereby represents
and warrants to the City the following:
(a)Engineer is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement
(b)The undersigned representative of Utility Contractor has the power, authority, and
legal -right to execute and deliver this Agreement on behalf of Utility Contractor.
For all Services performed pursuant to this Agreement, the Utility Contractor agrees to
the fullest extent permitted by law, to indemnify and hold harmless the City and its employees and
officers from and against all claims, losses, damages, personal injuries (including but not limited to
death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), directly or indirectly arising fi-om:
a)�any default under this Agreement by Utility Contractor;
b)any negligent act, omission or operation of work related to all Services performed under
this Agreement by Utility Contractor, and its employees, principals, agents, independent
contractors, and consultants,
The indemnification provided above shall obligate the Utility Contractor to defend at its
Own expense or to provide for such defense, at the option of the City, as the case may be, of any
and all claims of liability and all suits and actions of every name and description that may be
brought against the City or its employees and officers which may result from any negligent act,
omission or operation of work related to the Services under this Agreement whether the Services
be performed by the Utility Contractor, or anyone directly or indirectly employed by them In all
events the City shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be subject to and included with this indemnification provided herein, as long as said fees are
no greater than at a rate of 200 per hour
IN WITNESS VvHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY OF CCKOA, FLORIDA: Atlantic Development of Cocoa, INC.:
-Z
Mayor Print Name/Title:
ATTF!f�T: CC RPPRATE SEAL:_
Joan ark, City Clerk
EXHMIT
SCOPE OF SERVICES
TO OnAT
_T_-kTr1_S, "_1V_C_KS_41_26VN
�V
The City of Cocoa is soliciting statements of qualifications and fee schedules from interested
construction firm to provide general contracting work on utility systems owned and/or
operated by the City. The selected firm will enter into a Continuing Services Agreement with
the City of Cocoa to perform work as a Utility Underground Contractor for a two-year period,
renewable for two two-year periods. Selection will be in compliance with Florida Statue,
Chapter 287, sections 287.001 to 287.1345, "Commodities, Insurance and Contractual
Services. " The scope of services to be provided will include, but is not limited to, the
following tasks and certain specific projects:
• Repair and/or replace water, sewer, and/or reclaim mains, valves and fire hydrants
® Repair and/or replace water, sewer, and/or reclaim service lines
• Repair and/or replace sewer manholes
• Repair and/or replace sanitary sewer gravity system pipes
• Install new water, sewer, and/or reclaim pipes to the City owned system
ia Repair and/or replace storm drain pipes and storm drain inlets and Junction boxes
• Repair and/or replace piping in water and waster water plants
• Repair or replace various size pipes consisting of various materials: Le.: corrugated metal,
Plastic and reinforced concrete.
• Do line stops / install valves on large diameter transmission mains
• Restore .and pave DOT roads
• Replace concrete driveways, curbing and sidewalks
llr
A. General
The: work under this R.F-P. will be on an as -needed basis. Individual work assignments will be
authorized and performed by "work assignments". Contractors must respond within 48 hours
of a city request. If for any reason your work schedule will not allow you to perform the
requested work, then the next lowest bidder will be contacted to perform the requested work
assignment.
It is anticipated the City will hire at least three companies to perform a portion or all of the
tasks listed above. Firms that specialize in one or more, but not all of the items listed in the
scope of services may be qualified and selected for specific tasks according to their experience
and expertise. Firms that are currently under contract with the City to perform these tasks will
not be given priority over other firms that are not currently under contract with the City. It is
anticipated this will be a multi -yeas renewable contract.
Cilty of Cape Canaveral
City Council'Agend'a Form
R -f �1
X 7J Lo-=
Item No. Y
--��—Ulb--j-e,ct: Ridgewood Avenue Improvements Project – Northward Extension
Department: Public Works
Summary: The City of Cape Canaveral (City) continues to move forward with the Ridgewood
Avenue Improvements Project, As requested at previous City Council meetings, City staff has
investigated extending the project to the north to the Ocean Woods/Ocean Oaks area. City staff
also requested an easeinent agreement fi-om the Ocean Woods Homeowners Association (HOA)
– the response frorn the HOA will be presented at this meeting. A cost estimate to complete the
additional work will also be presented. As a worst case scenario, the City can proceed with work
in the right-of-way only including: (1) replace the existing sidewalk and pavement (put back
what is already there with no pedway on the western side of the roadway) and (2) replace an
existing median in the roadway. This change in scope will represent Change Order #2 to Brewer
Paving and Development, Inc., (Brewer) for the project. Note that additional engineering
drawings (Stottler Stagg and Associates, Inc. [SSA]) will also be reqUired since this part of the
roadway was never included in the original project.
Requested Council Action: City staff requests approval for the revised scope of work,
Change Order #2 to Brewer, and approval of additional funds for SSA.
Financial Impact:
1). $$$ to Brewer for additional construction tasks, (Change Order #2).
2), $$$ to SSA for additional engineering drawings.
Total financial impact of`` $.
Attachments: Supporting Documents Reviewed
1). Cost estimate from Brewer.–
2). Cost estimate from SSA.
3). Change Order #2 to Brewer,
4). Project Budget Summary. -)
Submitting Department Head:Date:
s ,nDate:
Approved by City Manager: 4ileo, 41, ,&12
. . . . . .......
'City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
I r.r, 17 "11 M 11 W.11 0
City of Cape Canaveral
City Council Agenda Form
TrO.11-0711,11 MIXTIn
r",
Item No. I
Summary: The City of Cape Canaveral (City) signed an agreement with the property owner at
661 Adams Avenue (now 8106 Presidential Court) in 1992 to, perform stortriwater improvernents
along Presidential Drive (fon-nerly Adams Avenue — see Attachments 1, 2, and 3 3), The property
at that location experienced flooding of the driveway and garage during rainstorm events.
However, for whatever reason, the work was never completed. The current property owner has
now requested that the stormwater improvements be performed — the proposed project includes
tasks to be performed on private property.
Since 1992, paving activities performed on Presidential Court may have exacerbated the
stornimater issues. Survey data collected of the roadway surface indicates that stonriwater
L4pools" in fi-ont of the driveway at 8,106 Presidential Court — and eventually overflows the
asphalt "bump" (installed by the City) in front of the driveway and floods the driveway and
garage. Therefore, to alleviate some of the flooding, the City's concrete contractor has
recommended (1) the construction of a French drain in the driveway immediately behind the
existing asphalt curbing (on private property) and (2) replacement of the existing asphalt "bump"
adjacent to the roadway (see Attachment 2). Completion of this work will alleviate flooding from
some rainfall events — but this may not alleviate flooding from heavier rainfall events. (It is
important to note that the finished floor elevation of the residence is below the surface elevation
of Presidential Court — and was most likely below the surface elevation even before the roadway
was paved [i.e., when the roadway was sand]. This is not the case with other residences along
Presidential Court.)
Requested Council Action: City Council approval of the proposed repairs and the approval
of the work to.mudrak Engineering & Construction Company (Mudrak).
Financial Impact: This is a non -budgeted item — funds are available in the City's Storrnwater
Fund (403) — a budget transfer will be required. City staffrecommends approval of Mudrak's
cost estimate of $6,,700.010 (see Attachment 4) under the Continuing Services Contract. A new
Hold Harmless Agreement has also been prepared (see Attachment 5).
Attachments: Supporting Documents Reviewed
1). Attachnient I — Historical Documentation
2). Attachment 2 - Current Photographs
3). Attachment 3 — Deed Information
4). Attachment 4 Contractor Cost Estimate
5). Attachment 5 — Hold Han-nless Agreement
MGM
Date:
Approved by City Manager: Date:
. ......... .
City Council Action: Approved as Recommended Disapproved
offy.9 6",
A Workshop Meeting
July 30, 1992, at
Canaveral, Florida
by Mayor Salamone
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk.
PRESENTATION
0
CITY COUNCIL
WORKSHOP MEETING
July 30, 1992
of the Cape Canaveral City Council was held on
the City Hall Annex:, Ill Polk Avenue, Cape
The meeting was called to order at 7 35 P M
Joy Salamone
John Porter
Andy Kedlerski
Rocky Randels
Ann Thurm
Edward Spenik
John Kancilia
Faith Miller
Present
Present (Late)
Present
Present
Present
Present
Present
Present
1 So man, Dobson, & Conn an , P A -- Annual audit services
contract for fiscal dar 9
Mr Thomas L Kirk, Audit Director of Hoyman, Dobson & Company,
explained the scope of services to be performed related to the
annual audit for fiscal year 92/93 and the additional services for
studies of the internal control systems of several City
departments He stated that a written report would be presented to
Council regarding the Building Department audit which had recently
been completed. Agenda this item for Tuesday
BUSINESS
1 Re uest Re Draina2e problem -- Richard S Youn , 661 .Adams
Avenue
Mr .Richard Young, of 661 Adams Avenue, described the drainage
situation on his property and explained several potential solutions
to the problem He presented pictures of the property to the
Council for .its review There was further discussion among
Council, Mr Spenik and Mr Young regarding the drainage problem
Mr Porter arrived atthe meeting at this time
Mr Spenik explained possible solutions to the problems Mayor
Salamone questioned if the City could raise the curb 2-3 at the
north end of the property Mr Spenik stated that it would
eliminate a substantial amount sof. nater and would be the most cast
effective method to solve the current situation Mr Jim Morgan,
Building Official,, ,suggested filling an some of the dip in the
driveway
Mayor Salamone felt that a Hold harmless Agreement was needed
between Mr & Mrs Young and the City if the City agreed to add the
additional curbing and fill in a portion of driveway She asked
City
of ..- Canaveral, Florida
Workshop N, 9*1
Page
ordinance and quit claim deed would be amended to include the
bjiect wording Mr Tezel advised that he had no problem with the
conditions included in the letter of July 16th Agenda this item
for Tuesday
Ordinance3 Discussion Re
Re Ido
en Code t7lnclude 199.1 Rd t�o0,� 1th 9 292, Amend i s
Revtszoe�FMrst
u ust 4, 1992
Agenda this item for Tuesday
4 Discussion Re -Ord 1nance No 10-92, Amending Chapter 61.3,
Standard Plumbing Code, to include 1991 Edition, with 1992
Revisions i.r5I- row ,nn nn A,v�i,�r
Agenda this item for Tuesday
5 Discussion .. • «;
Standard- 4s ..r
Agenda this item for 'Tuesday
i -,=)i- AI n
6 Discussion Re Ordinance No
Standar Das Co e, _tcu anc u e 19S
Fi rst Reading on August ,_- 99
R
Agenda this item for Tuesday
7 Discussion Re Ordinance Nc
Standard House na Cc)dp. r.rn
12--92, Amending Chapter 615,
Edit on, with 1992 Revisions
ling Chapter 61.9,
.th 1992 Revisions
Agenda this item for Tuesday
0 Discussion Re Ordinance No 14-92, Amending Chapter 621,
Fire Prevention Code, to include 1991 Edatzon, with 992 Revisions
Agenda this item for Tuesday
9 Discussion Re Ordinance No 15-92, repealing Cha ter 207,
Persorty Control, in its entirety, establishing a nese
Chapter 207 -entitled Personal ?ro est Control First Readin on
Au ust 4, 1992)
Mr Randels spoke an favor of the ordinance Agenda this item for
Tuesday
10 Discussion Re Purchase of 1990 Ford DumD Truck.
nr Spenik explained the request for purchase of the 1990 Ford Dumj
Truck He explained _ low
City of Cape Canaveral, Florida
City Council Regular Meeting
August 4, 1992
Page 2
NEW BUSINESS:
1, Motion Re; r3nqacjement letter for the CitV Of Cape Canaveral.end 0 le...t'Lscal Zear audit for 91 92 - Ho man, Dobson & Company,
P.A.
Motion by Mr. Porter, seconded by Mrs. Thurm to accept the services
Of the firm of Hoyman, Dobson & Company for the fiscal year audit
for 91/92 with a cap of $20,500. Motion carried with members
voting as follows- Mayor Salamone, For; Mayor Pro Tem Porter, For;
Councilman Kedzierskil For; Councilman Randels, For; Councilwoman
Thurm, For.
2. NiOtion Re: Stud and evaluation of the City's Recreation
DeparEMgnt -- Hoym-an, - Dobson,.._&Com panZ, P -.—A.
Motion by Mr. Porter, seconded by Mr"Kedziecski For an internal
audit of the Recreation Department for 92/93 not to exceed $2,500
by Hoyman, Dobson & Company.
Mrs. Thurm questioned the differences between the services
described in the three (3) proposal letters received from Boyman,
Dobson & Company. Mr. Thomas L. Kirk of Hoyman, Dobson explained
the scope of services contained in each of the proposal letters.
There was extensive discussion regarding the proposed audit
services of particular City departments. Mr. Kirk explained that
the services included in the second letter were a study and
evaluation of audit controls in place within the system relative to
the Recreation Department.
Motion carried with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter For
Councilman Kedzierski For
Councilman Randels For
Councilwoman Thurm Against
3. Kotion Re: Test of compliance with the internal audit
controls that are iden!tifieA - 5�6bs —
-m-HoLmany �� company, P.A.
Motion by Mr. Kedzierski, seconded by Mr. Porter for the acceptance
Of a test Of compliance with the internal audit controls that are
identified by Hoynan, Dobson & Company with the fee not to exceed
$3,000. Motion carried with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter. For
Councilman Kedzierski For
Councilman Randels For
Councilwoman Thurm Against
4. Motion Re: Hold harmless agreement and expenditure to repai
theams Avenue (Richer Yruun ).
Motion by Mr. Randels, seconded by Mrs. Thurm to approve the
proposal to raise the berm through the use of asphalt to prevent
the runoff from the alley at 661 Adams Avenue. Mr. Kancilia
advised that Exhibit A, describing the actual repairs involved,
needed to be attached to the agreement prior to the agreement being
executed. Mr. Spenik stated that the motion should be subject to
the attorney0s approval on the language included on Exhibit A. Mr.
Randels accepted Mr. Spenik's Suggestion.
City Of Cape Canaveral, Florida
Regular City Council Meeting
August 4, 1992
Page 3
Motion carried with members voting as Eollows- Mayor Salamone,
For; Mayor Pro Tem Porter, For, Councilman Kedzierski, For,
Councilman Randels, For', Councilwoman Thurm, For.
5. Ordinance No. 09-92, Amending Chapter 611, Building Code, to
incluQ2 121 E;alt'On, with 19921I(ev3sions, for first rea ing.
Mayor Salamone read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 1511, BUILDING CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE
LATEST REVISIONS OF THE STANDARD F3UlfJ)TNG CODE, RPPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mr. Porter, seconded by Mr. Kedzierski to approve
Ordinance No. 09-92 at first reading. Mayor Salamone questioned
why the proposed Ordinance deleted certain provisions under
Sections A101.4.1 and A101.4.3. She felt that the 1991 Editions,
with 1992 Revisions, of the Codes needed to be adopted in their
entity. Mr. Kancilia stated that the sections were deleted at the
request of the Building Department and that the reason for the
request was that the Standard Building Code had been amended in
those particular sections since the latest revision and Section
101-4.1 requirements were added to Building oEficial and Building
Inspector qualifications. The additions to the qualifications
included that "The Building Official should be certified as a
Building Official through a recognized certification program. The
Building official shall be appointed or hired by the applicable
governing authority and shall not be removed from office except for
cause after a full opportunity has been given to be heard on
specific charges before such applicable governing authority."
Presently the City's Building Code did not provide for a
certification requirement on the part of the Building Official nor,
did it give the Building Official the right to his oCfice except
for removal upon cause.
Mr. Kancilia stated that there was also a certification clause for
the Building Inspector included in A101.4.3. fie stated that the
Building Code reflected the modern trend toward greater
qualifications among public employees. Mr. Randels questioned if
the Ordinances were approved as presented would the City be
adopting less than what the Southern Building Code requested. Mr.
Kancilia stated that if the ordinances were adopted as presented
then the City would be adopting less than what had been requested
by the Southern building Code. mayor Salamone suggested amending
the ordinance to remove the amendment and only adopt the Building
Code in its entirety.
motion by Mr. Kedzierski, seconded by Mayor Salamone to approve an
amendment to section I of Ordinance No. 09-92 to allow adoption of
the Standard Building code in its entirety.
Mr. Leo Nicholas stated that the City Charter provided that the
City manager was responsible for the hiring and firing of all
Department Heads. "r. KanCilia agreed to review same. Mr. Ben
Shoemaker, 421 Lincoln Avenue, questioned if ADA requirements were
included in the Southern Building Codes. Mr. Kancilia advised that
ADA requirements were a separate issue.,
Motion carried on the amendment with members voting as follows,
Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman
Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For.
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT, dated this __2Atb_ day of LLqust
1992, by and between the CITY OF CAPE CANAVERAL, Brevard County,
Florida, a Florida municipal corporation ("City"), and RICHARD S.
and NANCY YOUNG (collectively "Indemnitors"), collectively referred
to as the "parties".
WHEREAS, the Indemnitors have experienced drainage problems on
their property, located at 661 Adams Avenue, Cape Canaveral,
Florida, in times of heavy rainfall; and
WHEREAS, the City, while not admitting any liability in
connection with the foregoing drainage problem, has agreed to
undertake certain measures which all parties hereto agree and
acknowledge may or may not help, alleviate the aforesaid drainage
problem; and
WHEREAS, in recognition of the City's need for protection
against any further liability or claims made by the Indemnitor in
connection with the afo,redescribed drainage problem and as an
inducement for the City to undertake certain measures to alleviate
the drainage problem as more particularly set forth hereafter, the
Indemnitors, jointly and severally, agree to provide in this
agreement for the indemnification of the City as more particularly
set forth hereafter.
NOW, THEREFORE, in consideration of the mutual covenants,
agreements, representations and warranties contained in this
Agreement, the parties agree as follows:
Indemnity and Hold Harmless Agreement
City of Cape Canaveral/
Richard S. & Nancy Young
Page 2
1. Recitals. The parties acknowledge that the above recitals
are true and correct and hereby incorporate same as part of this
Agreement.
2. Indemnification. Indemnitors agree to indemnify, defend
and hold the City, its employees, agents, officials, successors and
assigns, harmless from and against any and all costs, expenses,
losses, damages, fines, penalties, judgements, liens, claims or
other liabilities incurred by any of such parties with respect to,
in connection with, arising from, or alleged to result from, arise
out of, or be in connection with the "Measures" as that term is
defined hereafter, taken by the City as requested by the
Indemnitors. The parties hereto agree and acknowledge that since
the City has agreed to perform the "Measures", it is the intent of
this Agreement to preclude the Indemnitors from seeking any
additional assistance or imposing any additional liability upon the
City in any manner regarding the efficacy or manner of
accomplishing the Measures, or any damages associated with past,
current or future flooding or related drainage problems and/or
damages arising directly or indirectly therefrom.
3. Measures. The City agrees to take the "Measures" as set
forth more particularly on Attached Exhibit "A" hereto which
"Measures" the parties hereto agree and acknowledge are in -tended to
alleviate drainage problems on the Indemnitors' residence located
Indemnity and Hold Harmless Agreement
City of Cape Canaveral/
Richard S. & Nancy Young
Page 3
at 661 Adams Avenue. The parties hereto further agree and
acknowledge that these steps are not intended to completely cure or
remedy any drainage or flood problem which is alleged to exist or
may occur in the future on said property.
4. Statement of Intent. It is the intent of the parties
hereto that the scope of this Agreement be limited solely to the
Measures, damages suffered, events occurring, and action taken in
connection therewith.
5. Binding Effect. All of the terms, covenants and
conditions herein contained are and shall be binding upon all
parties, their heirs, personal representatives, successors and
assigns.
6. Goyernin2 Law. Florida law shall govern this transaction
in all respects and venue shall be in Brevard County, Florida.
7..At tornev's Fees. If any legal action or any arbitration
or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this
Agreement, the City shall be entitled to recover reasonable
attorney's fees and other costs incurred in that action or
proceeding, in addition to any other relief to which it may be
entitled.
1=;
Indemnity and Hold Harmless Agreement
City of Cape Canaveral/
Richard S. & Nancy Young
Page 4
8. 'Entire Agreement. This Agreement contains the entire
agreement between the parties with respect to this transaction, and
no representations, warranties, or agreements have been made or
relied upon by either party except for those specifically set forth
herein. This Agreement may only be modified, amended or
supplemented by written instrument signed by all parties.
IN WITNESS WHEREOF, the parties hereto executed this Agreement
the day and year first above written.
ATTEST:
CITY OF CAPE CANAVERAL, a
Florida Municipal Corpsoration
By
Name: oy Valamone
Title: V--KNyor
,City'"
RICHARD S. YOUN
" Indemnitor""
NANCY YqPNG / it
"Indemnitor"
Indemnity and Hold Harmless Agreement
City of Cape Canaveral/
Richard S. & Nancy Young
Page 5
MEASURES
1. The City will add to the existing curb on the EASTERN asphalt
paved right-of-way of 661 Adams Avenue,
2. The additional asphalt of the curb will be extended northward
approximately three feet (3i} and two inches (2") in height
from the northern property line southward fifteen feet (151).
rCITY OF CAPE CANAVERAL
To Ed Spenik mate 7/7/q2
aty Manager
From Joseph W .Abbott, P Erale PW188
Public Works Director
� • � ntr r► ,� .
911A -
Discussed the problem with %r Young Ile claims he did not have
the problem until atter the alley was paved a tew years ago tie
claims has pros erty xs at the low point in the i Baa lway and 'r hr
roadway slopes towards his driveway
Site visit with Team Kleving, this date xndxr,atas his ping exty does
receive runotf tiom the property to the south anal.. the Ynian s
piope Yty If gutters were installed it would help The alleyway
slopes trom the south to the noirth past his prupeil y tut it does
appear the alleyway section at his prope-rty doe, ,lupe towal.d,
his piopei-ty° d3xertxng the bouth-nurth .flaw Past mato his
ploperty An overlay could be placed thiQugh this s,ecVxon but
not recommended Property to the west of the alleyway dues noi
drain to the alley
MMITA
Attachment
cc Tom Kleving
Building Inspectvr
0
To Ed Spenil
City Managem
MEMORANDUM
1 r
Joseph W Abbott, F E
Public Works Director
Tate 7/'7/92
File pW18FJ
Discussed the problem with Br Young He claims he dick not have
the problem until atter the alley was paved a tew yea -is ago He
claims his property a.s at the low p,)a.nt in the iocv way and thr
roadway slopes towards his driveway
Site visit with Tom Kleving this date indicates his, property does
receive arunutt from the property to the south and the Young's
Fl uperty It guttexs wee installed it wuuld helix The alley -way
slupes trom the south to the no-L�th past his property but it does
appeal` the alleyway 5ectiun at his prt+perty slow ..1.)pe -to ai ds
his property diverting the south -north Clow east into his
property An overlay "uld bp placed thxough this s.ek.tion but
not recommended property to the wF°st of the aLle^ray Does nrt
diaan t-) tile al ly
JW'A/kp
Attachment f �
cc Tom Xleving
Building Inspertur
i�L
f
t 1 k4 jqe 'E 171 t q f� E
City of Cape Canaveral
1()5 POLK AVENUE P' O BOX 3120
CAPE CANAVERAL PLOMOA 32520
TELEPHONE 401 7113 1100
tl
I'
I
DATE July 20 1992
r 1 k
TO James E Morgan, Building Official
FROM Thomas B Kl.eving Building Inspeq'tdoL
KE DR YOUNG RESIDENCE 6,61 ADAMS AVENUE - rt,OODIUG
According to Dr Young his property had not. experienced a flooldinq
problem r property
iesurfaced several years, ago by the City
The alleyway does indged pitch towaxds; Pis pxoperty dixecLing 1.u1j
off onto it
Apparently the City has some responsibility in coliecLi ng Lues
situation
I would recommend that. the City correct the pa. oblcm - Lh an
additional over lay of asphalt built. -up at the enLrance to, D3..
Young s driveway and, feathered away .from inns pi opeiLy 7Cbis could
be undertakers at the same time sewei is bx,4u�ht to 61.5 Washington
Avenue incurring a minimal expense4Thomas
City
l.e a.na
Building Dep � tment
TICK/sl.n,
THE CITY 4P CAPE CWVESAL SUPPORFS RECYGUNG
P'RIWEQ ON RECYCLED PAPER
2 6 507_ 0 7
1, INTKtr6UMO
for
c �(v Cao if
�
c uy
Bear his Miller
A ILL uurt
r
ti
July 20 1332
I wouldlike to request time on the agenda of the July 30 workshop (early if
possible) to discuss a problem I have with tho water drainage from 11,1r. cly paved A Lot
into my parking area off the beachfront lane between Adams and Jeffc r,on I fcLl that
this problem was caused by paving the lane (3 or more years sago) and unfoi tunatc,ly
grading it so that most of the run tiff drains into my pariong area: City LnginLLr.-, h avc
inspected the ,premises but can do nothing without the support of the city rnanarJor l
feel the city is at least partly responsible and I meed your help
Sincerely �..-.-.
A), s
S oun
Richarda
631 Adams Avenue
Cape Canaveral I l_ 32333
tf Cape
Canaveral
10 POL K AVENUE PO BOX 376
CAFE CiANAV8RAL FLORIDA 32920
FAX 407/7J9 J1170
EdwardTO Spenik
FROM James E Morganr • Official
-----------------------------------------------------------------
Ed prior to the alleyway being paved in front of the above
referenced property I visited the site with Bennett Bouchea and
Carl A,kery I suggested that they in ert the paving and place
curb in front of his pxoperty so as to direct the watea. to the
storm drains since there was no other place to direct the wateai,
without dum,pa.nct at on the residences p,. open. ty
I think that the City has contributed to some degree to the
e istxnct problem
had Tom Kleving give a. report on his thoughts about the situation
and I concur with his opinion (copy attached) Additionally I
have met with Joseph Abbott and after explaxninq the above to him.
I believe he was in aqreement that the City may have contiibuted
and played some part in the problem
Di Younct fully understands he has other .elated px oblems to
overcome to correct his situation
t � � r - sr • • .' • s�
J mes E Moraan,
uIl.ding Official
J M/slig
cc Joseph Abbott Public Works Superintendent
di
X
PRINTED ON RECYCLED PAPER,
of Cape Canaveral
105 POLK AVENUE P D BOX 326
CAPE CANAVERAL FIL.0 RIDA 32920
TELEPHONE 407/733 1100
FAX 4071799 3170
THOMAS ' iING INSPECTO
FROM "M SPENIK,
RE MEMORANDUM
Y.'. EXPRESSES 1 • *'
RATHER •
In the future, when situations arise that are sub3ected to
investigation, please discuss with, me your opinions first rather
than a memo on your thoughts and an incomplete investigation that.
Jeopardizes the city's position
appearsIt regarding
Adams • the initial
paving
MINTED ON RECYCLED PAPER
ity of Cape Canaveral.
a POLKATCARE PO 13OX32C
CAPE CANAVESAL PLOMDA 329201
PAX 407/719 JI 70t
w4i..paRi
MEMOR AND UM
DATE July 27 1992
TO Edward Spenik City Manager
FROM James E Moraan Buildina Official
RE YOUR MEMORANDUM DATED JULY 23 1992 - YOUNG RESIULNCL
LOCATED AT 661 ADAMS AVENUE
-----------------------------------------------------------------
Ed when this problem resurfaced with my :involvement you were on
vacation
I discussed this situation with Bennett Boucher and the Mayor T
advised them at that time of my investicration They dick not have
a problem w:Lth this My conclusions of the investiaatxan aa, u
contained in the memorandum dated July 20 19912
feel the investiciationbased
with otheL department -.ds ans the p, •,r
There have been no inaccurate statements made by this depaLtment
I Mould be more than happy to meet with you to discuss this furthei
at youl ealliest convenience
times E Morgan
Building Official
106 POLIS AVENUE PO BOX 326
CAPE CANAVERAL FLORIDA 32920
TELEPHONE 407/783 1100
PAX 407/799 3170
r-"- . . M w
limitedThe property is several inches below the crown of the alley The width is
to 10 feet and each
asphaltpaved alley
Last year, I had Public,
more * • the alley abutting
down
SinceThe problem is the Young residence is built below the crown of the road
Was it intendedP We don't know, but probably, yes, because the driveway
is of impervious concrete to aid in rain run off and percolate the water
the house was built
driveway is not functioning properly
The house has landscaping d
The roof does not have downspouts The drivewaydoesn't
drain
ince last year the complainant hasn't helped himself in any gray to
better his position or reduce the rain problem
There was an accumulation of one inch of debris and plants obstructing
flow of of property along the asphalt
4arrier that the City installed The alley is designed to have runoff
from of the road
Young,The one solution that will solve the problem, which was explained last
year to Mr is a French drain in the lowestpoint of his property
There: is no evidence that Mr Young has made an effort to correct his
water problem
BITUMINOUS PAVI MI NT�
MACASP'HALT CONTRAC r0it)
DIVISION OF APAC ILORIDA
'
+� +rim .� � •r;rti ,
P 0 Box 1819 0 Winter Maven Florid 1 33882 1819 15 813/967 0646 0 FAX 8 13/ 967 6829
July 30, 1992
Tam i(levin
City of Cape Canaveral.
P 0 Bax 326
Cape Canaveral, rL 32921
11 I � IE I IIPP It,lP1r
J 4 c 1ItC11
P IFYV /(6 5 Dir
161111 f 11) 1 J11
1111111/ c. 1311
.his drscused yesterday, additional grading of Tower Blvd ws.l.l net iniprove
either drainage or rideability without the addition of new material, to
raise the crown of the road This would cast approximately 9,600 00
as proposed 6-2-92 /1
Yours ve1,
l E'�
GeoffEstimator
I
I
Q��= W
Page I of I
7tw Fqf 04QFA
14q'%(ArO* "40*1t PTO rXW 444rqJ4,
'littl):Ilww�v.bi•e%p,ai-cipi-opei-t3ial�)I)t"aiser.c(�)tii,l's,cril)tsl'esi�ii-ri,ip.dil'?ii,iii'ie=::Brevardl,Lid=201003,,. 3/26/2010
Brevard COU11ty PI-Opffty Appraiser— Onfine Real Estate Property Card
Page I (,,)f 2
Genual Parcel Informaticiii for 24 -37 -23 -CG -00012.0-0013,00
ge 7
�-2773-7---2-3- -CG- 00612. 6- millage It Se
Ise
'Milla
Pareel Id: Map/OrthkjAcrial 26GO Exemption: 110
0013.00 L=2= (..code:
Site 8106 PRI.."'Sl DENT] AL, CT', (..AI)E CANAVERAL 32920 Tax, 243348
Address: Aect:
Site address inf'orniation is assigned by the Brevard Counly Address AssigMFI'9
nment ice for -1 -1 purposes, this iiiRm
n-ation may not
relIect Community location (if,property,
I'ax h1l,("willation is Ivadable at ihe Brevard C ounty Tax (- "ollector's %veh siw
(Select the back button to i-eturn to the Property Appraiser's web site)
Owner Information Abbreviated Mseription
----- ----------
Owner Name- ANDERSON, JOHN C Plat Book/Page: Sub Narne: LOT 13 &
Snd Name: MEGEE, MARGARETF H/W 0003/0007 AVON BY THE VACATED STON E
eco
SEA BL K 12
View Plat (requires A(hibe Aci-obat Reader -file size imay
Maififtig Address: 9106 PRESIDENTIAL CT
329 CAN
Cio,, State, Zipeode. ('APE AVERAL, FL lie large)
1201
Vafiue Summary
Land Infoi-matimi
Acres: 0.21
Site Code:
I l"his is ffic Val Lie establis I I ed fow ad valoi Oil flu rposes in I accordance with s.493,011(1 / a nd (8). FlOrid a S I at UtCS. "Ihis
value dQes riot represent arnicipaicd selling p�rice flor the propOly.
1 ' Exemptions as reflected on dw Value Sunimary lable are applicable for the year shown and niay cm, niay not be
apphcable if an owner change has occurred,
'lie taddiflonal exemption does not apply vdien c.dcukaing nixa'al-Ae Value f6l. School districts pumiaiir io amendment
Sales Infoi-mation
fficialSale
Sale
Deed
Sales
Sales
Physical
uordsScreening
Date
Amount
I Type
I
Screening
Cliange
Vacant/Imp
MkIpage
("ode
Source
Code
123/3513
11/1996
$312,000
WD
15/2801
.10/1996
S I 0o
(,)C-,
11133463
10/1996
sloo
()c
135,'0510
12/1989
SIM
(0)(Cl
p)i,cel,,isp'?acct=2433488&geii-,;,-'["&,t... 3/26/2010
BwvwA AwAy PnTey Appraiser— On] ine Real F.state Property Card Page 2 cele$
*21-
,94 Alm Sueming CV&s wW Snrcm am ono analysis by the ProperLy Appraiser's sw[E
Mey have no bvadng m the pAr m RaMW nnAoabay ame PqMV,
uilding Ifni madon
C use I 111,vve I a- Code
3 Frann Extcrior Interior Rocl R m 11' 1 ours
CeHwg
L
Built Height code Code A ter. Code
code Colic 1 1
6-11-- 7, ........ .. .
I -------- s 61 04 0 ;(0r33 Pjq(0) 3
BuNding Area Infornindon
Extra Fe'Iture h1formation
REPLACE
001) DECK
DMU I no I jdMMAW" M"A Mmwaww"w Aw" MMMM10,
Meerch Help
(Appeahr [Pr)fmrfy Po1ovs & Dwa� jUmmm,��x i'raAuflwMe!�,J [T'n Fmk, tFAQ]
lix,ks] [h, r��,t:mploq [Crwt �Itlj
CopyWW C I M7 BMWW CMMW hWMV AMMMAD NOIS reso-ved
litti)://�vx,NNt.bi-evai-dlnopmlyappraisenccnn/asp/`Shcnv pued,ast)'?acct:=2433488&geti-�--'T'&t... 3/26/2010
m
Wr.RA.1y r'Eco,
,!loom co—m—C. "..Co Pon. 33
is Iftranly Diced %inao c,„,i the 1,6tr, flo v of 'jay t. T). 19 87 6y
COUM, TA OZW EX MRPORATION, INC.
a coqmmuo,, oxtsliny unde, Ili, itiuu of the State of Florida I and d,evillg in pari inpol t'llive of
1, '.,nness at 415 Adatms Avenue, Cape Canaveral, Flo:r,,ida 32820
herod—fle, tl,e qtrol"Q', to
RICHARb S. YOUN"„ and NANCY M. YOIZY,, his wife
"'I'me p.00ffire ndd--- is O61 Adams Avianuia, CajR, Canaveral, P -L 32920
11-mv,11", called tho ;,Aran,' lee
wcYrra.1—d hr B ' —I
TI -i H., vo,00r" is), on 2n 'D,mdomfion of 41e aum. of S 10.00 nnd other
V.iu.blP r'Ceoli "'Le"'Of it J'O'Ay fly 1he.so prilsonix clogs venst, bmqain, s,di,
.1fem, nwmisc% redcapo, comaami confifor, a,rot,a 16 qlar.iel, illf 01111 rergniio Ind sR,.We d,a Brevard
counly, r1o.dda "i.,
UA 13, Blcck 12, AVON BY TIM M%, accurc!iitjg to the p�L-jt tijere - ed
UE, as j'y_'COrd
in Plat Book 3, Page 7, of the Put] is Records of Brev&rd County, Florida,
Together ovith aU d'e 1—orne'Us hercddiovsrenls ond appuHr-voces therelo belovigintd or in an)?,
wise oppedvuninij.
To ave and to hold, 114e mmoe in fo, simptv
And i4v ttrunQar herAy coveninds Und, DOM 9""floo, 16t it it finofully svi-'d of inid fand ov fee
zirnple� 1110 H Ims good HqW o'"l ral'J"I fr'.1horUy to sell and oonoey saVd land,", that it hewhy fully Ellam
ron1s do, tWO tea 50bl 611d 0-4 Wldl disfe I the mon, ap'&W 11- Poiu'fol of A Persons r,Aomsar.pr;
,and Ard sqRd iaml is f"O f1f oil srWO alld 0XV-Pt taxe'; fest; �1987 ai-id -,,ub$equE-;jt
years. Subject to zoning, restrictions, prohibitions and other requiretTents im-
posexi by governmental authority; restrictions and ratters appeari.119 oTj the plat
or othenrise crimmn to the subdivision; public utility easeitents of record, lis
):eferenqe to said v�strictions sh�,ili not operate to rait.so the svzx,.
MORPORATE SEAL) In Tbitness Whereof tin, rj—,,or dl aan vauevA lfwsa presents to
ho exvcivel in Hs ,,Arnp, and its co,porate mol po ,sfji_d, 1,y ifs
;raper do= o""Jo duly Ar�?ov ."'I'ven, fi"I Am"i, wnlkm
COLU-01A MZIPLE° COFVjRmriQ4, INC.
S4 and dolivorgA in dw 1),osence <4
,
" r4�
ADDh' "'BAUREIS,
STA I Er.rF
llilalliA
('(WNTY OF BREVARD
I HLRFUy CER'My 0... 'h" J',i'b- 4.j,
ADDISM L. BAURFIS
1" 0" P""d— —g '1! 'h. . ......
-ire 6"1 -4 h'w lhmn --Ik .0-1'd"d --'6,ad" uuwr, n al pllls— "I'
—j" WvoVw r do, 11-A aro h, ..a -11 1h,,. ha ..Yffi—t 0 ....... i, 1. ..' -
h,,A —d 0, -d I-,, ne .....1 ho 16tll
A. D 19 87
Gmtlzi Title. of Ftmlmd
IdAcg 15 f4dird, Sjite 3, ttmrnrtt g, -Qg!Q
DOCURICIA Detail For Recoids (Lefl F`ranie)
Via, e,sWt Rovw
--, .... — ............... ...... .........
Docurww,nL Nav�gabon by Pac)os�
DO�Lml(�ilat - Next Dor,�iulllvulZD
Booktype� Offibal R(�rords
BonlC 2822 Paqe15 �junip TO.J
Document
(D) DEED
Type:
Record Date
7/20/1987
From Party:
COLUMBIA COMPLEX CORP INC
To Party,
YOUNGNANCY M ()
YOUNG,RICHARD S
Book Type:
OR
Book / Page-
2822 / 1.5
# of Pages:
I
Comments
LT 13 ELK 1.2 AVOiN BY SEA
Note: E"inply th-�hlsaf e not slrov%m
Direct Ex te� nal Link to this Document
Lig e 1 0 1.
1ittg):,//`199.241.9.115/()ticoi�eweb`/details,asl)x'?i(,I�=438151 3/26/2010
"Mmum'M
January 13, 2010
Mudrak Engineering and Construction Co.
Dale Mudrak PE,, President (Lie. # CB 0060403)
21522 Hobby Horse Lane
Christmas, FL 32709
Tel 4017-568-1833
Fax 407-568-1833
To: Mr. Jeff Ratliff
City of Cape Canaveral
601 Iburm Blvd- PO Box 326
Cape Canaveral, FL 32920-326
TEL 321-868-1240
FAX 321-868-1233
Scope of Services:
We propose to provide all labor and materials necessary to reform asphalt grading to keep edge of
road way 0 to 1.5 inches higher than existing elevation.This will be done by saw -cutting, removing a
strip of asphalt and then applying asphalt approximately 12 inches wide and from 0 to 2 inch thick a
distance of 35 feet to create curb,
Option # 1- provide 25 to30 feet of 12 inch wide grating(I 2 inch concrete curb each side) by 25 feet
long, grating will be metal with drop area 20 inches deep, bottom filled with gravel.
Legal Description: (legal description to be provided)
8106 Presidential Court
City of Cape Canaveral, 32920
We propose to furnish all material and labor in accordance with the above specifications for the sum
of Three Thousand, Three -Hundred Fifty Dollars and 00/100 ($3,351M)
Option # I - Three Thousand, Three -Hundred Fifty Dollars and 001100
Payments to be made as follows: Progressive payments as work is completed. Full payment is due
within 15 days of completion.
Contractor's Signature:
Acceptance of proposal, the above price, specifications, attached general conditions and itemized
quote are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment
will be made: as outlined above.
Owner's Signature: Dale:
I. Any alteration or deviation from the specifications, including but not limited to an alteration
involving additional materials and or labor, will be executed only upon a written order signed by
the owner and contractor and shall be incorporated in and becorne part of this contract. If there is
any charge for such alteration or deviation, the additional charge shall be added to the contract
price.
2. If payment is not made when due, contractor may suspend work on the job until such time
that all payments due are made. Failure to make payment for a period in excess of 15 days frorn
the due date of'payment shall be deemed a material breach of this contract.
3. Work shall be completed in a workman -like manner and in compliance with all building codes
and other applicable laws.
4. To the extent required by law, work shall be performed or administered by individuals duly
licensed and authorized by law to perform said work.
5. The Contractor may at its discretion engage subcontractors to perfonn work hereunder,
provided Contractor shall 'fully pay said subcontractor and in all instances remain responsible
for the proper completion of this contract.
6. The Contractor shall furnish Owner appropriate releases or waivers of lien for all work perforrned
or materials provided at the time the next periodic payment is due.
7. The contractor agrees to remove all debris and leave the premises in broom clean condition.,
8. The contractor shall not be liable for any delay due to circumstances beyond his control
including weather conditions, strikes, casualty or general unavailab�ility of materials.
9. The contractor warrants work for a period of 12 months following completion,
10. The contractor represents that it has purchased and agrees that it will keep in force for the
duration of the work in a company lawfully authorized to do business in the state of Florida,
such insurance will protest the contractor and owner of the site, from claims for loss or injury
which might arise out of or result from the contractors operation under this project, weather
such operation be by the contractor or by a subcontractor or its subcontractor. The contractor
represents and agrees that said insurance is written for and shall be maintained in an amount not
less than the limits of tile liability required by law.
11. Note that this proposal does not include improvements that are required due to unforeseen
conditions. This includes but is not limited to termite or rot damage. It also does not include
improvements that are required as a result of unforeseen soil conditions.
12. Due to the Fluctuations in material costs, any increases, in materials beyond 5% shall be passed on
to the owner,
13. In the unlikely event that Mudrak Engineering and Construction Company, is required to file civil
action or institute any collection efforts against the customer, the customer agrees to pay any and
all costs, fees, expenses, and attorney fees incurred by Mudrak Engineering and Construction
Company, regardless of weather suit is actually filed and including but not limited to, any and all
costs, fees, expenses, and attorney fees incurred on appeal or in any post judgment collection
efforts or proceedings.
14. Proposal is good for 60 days.
file:HCADocuments, and Settings\JcffRLocal Settings\Temporary li-itemetFiles\Content.O.., 1/13/2010
THIS TEMPORARY CONSTRUCTION EASEMENT & HOLD HARMLESS
AGREEMENT ("Agreement") is made this L ?*day of March, 201 by and between John C'.
Anderson & Margaret F. Megee, husband and wife ("Owners"), and the City of Cape anaveral,
a Florida municipal corporation Cthe City").
WHEREAS, Owners are the current fee simple owners of the real property generally located
at 8106 Presidential Court, Cape Canaveral, Florida Cthe Property"); and
WHEREAS, the City has agreed to construct and install a french drain system on the
Property in order to accommodate stormwater runoff from the Property; and
WHEREAS, during the construction and installation of the french drain system, it will be
necessary to use and occupy a small portion of the Property immediately adjacent to Presidential
Court; and
WHEREAS, Owners desire to grant the City a temporary construction easement during the
construction of the french drain system on the Property; and
WHEREAS, Owners and the City desire to memorialize the terms and conditions of their
agreement as set forth herein.
NOW THEREFORE, in consideration ofthe mutual covenants contained herein, the receipt
and sufficiency of which is acknowledged by both parties hereto by their execution of this
Agreement, the parties hereby agree as follows:
1.0 RgLitals. The foregoing recitals are deemed true and correct and are hereby incorporated
herein by this reference,
2.0 Temporary Construction Easement.
2.1 Grant of Easement. Owners hereby voluntarily grant and convey to the City and its
duly authorized contractors, subject to any previous and duly recorded easements or grants
of record, a non-exclusive, temporary construction easement over, through, and across the
Property for the benefit and purpose of constructing and installing a french drain system on
the Property, along with all related attachments, equipment and appurtenances (collectively,
"Drain") to accommodate stormwater runoff from the Property.
2.2 Tertnination ofEasement. The temporary construction easement shall automatically
terminate upon the completion of the construction of the Drain.
2.3 Restoration of the Property, Prior to termination of the temporary construction
easement, the City shall ensure that the Property is restored to its original condition, but for
the construction and installation of the Drain as authorized hereunder and any ordinary wear
and tear caused by said construction and installation.
3.0 Maintenance of Drain. Upon the City's completion of constructing and installing the
Drain, the repair and maintenance of Drain shall be the sole responsibility of Owners and the City
shall have no further repair and maintenance responsibility for the Drain.
4.0 Release and Hold Harmless. In consideration of the material benefit to the Property that
Will arise from the constructuion and installation of the Drain, Owners and owners' heirs,
administrators, executors and assigns ("Owners et al'), hereby forever release and hold harmless the
City from all claims or demands which Owners et al may have or hereafter acquire against the City
by reason or on account of any injury or property damage sustained of any nature whatsoever, on
account of the construction and installation of the Drain. Owners et al additionally hereby forever
release and hold harmless the City from any injury sustained to the Property or any improvement
thereon, of any nature whatsoever, occurring prior to City's construction and installation of the
Brain.
5.0 Reoresentations. The undersigned signatories each represent and warrant for themselves
and their respective agencies, that they have the full power and authority to execute this Agreement
on behalf of their respective agency. Further, that upon execution by them, this Agreement shall
constitute a valid and binding obligation on their respective agency.
6.0 Sovereign Immunily. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. As such, the City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further, the City shall not be liable for
any claim or judgment, or portion thereof, to any one person for more than one hundred thousand
dollars ($1 O0,000. 00), or any claim or judgment, or portion thereof, which, when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This
paragraph shall survive termination of this Agreement.
7.0 Governing Law and Venue. This Agreement shall be governed by the laws ofthe State of
Florida. Venue for all disputes shall be properly placed. in Brevard County, Florida, The parties
agree that the Agreement was consummated in Brevard County, and the site of the easement is in
Brevard County, Florida.
8.0 Attornev's Fees. Should either party bring an action to enforce any of the terms of this
Agreement, each party shall bear their respective legal fees and costs.
0)
IN WITNE4 SS WHEREOF, the parties have set their hands and seals hereto on the day and
year first above written,
Witnesses:
STATE OF FLORIDA I
OR "14 Nk "t
The foregoing instrument was acknowledged and executed before me, this I fday of
MAAh 2010 by John C. Anderson, who is -.!,Versonally known to me or who
produced as identification,
ELAWAPPERWN A.I Aa��
'ley fR11,
AriMy 0 Samission Ex
My COMMISSION 1: DID 6MU
141: EXPIRE& APd1 13,2010
Witnesses:
Maroet F.'Megee
Print Name:-.
Print N
�-
.11-161ft
The foregoing instrument was acknowledged and executed before me, this44
_LT day of
P44r, t -I 2010 by Margaret F. egee, who is personally known to me or who
produced as identification.
AW, - M. APPERSON
MyCOMMIsSIONODDSW3
� 0111.,
61,
EXpIRES,. A P Y c6rimmissili pares. 91ha/10
XIR
The City of Cape Canaveral, Florida
IM
3MORI MIT 1 1111 K,
CITY SEAL:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 05/18/2010
Item No.
Subject: Proposed CRA boundary and proposed Finding of Necessity Report
Department: Community Development Department
Summary:
On March 16, 2010, staff reported to the City Council on the process to create a
Community Redevelopment Agency (CRA). At that time the Council determined to
pursue creation of a CRA and directed staff to prepare the Finding of Necessity Report
(which includes the finding of blight), develop proposed CRA boundaries, and prepare
resolutions to adopt the finding of necessity, declare the need for a CRA, and to request
the County confer powers to create a CRA to the City.
Staff is preparing proposed boundaries for presentation to the Council and preparing a
draft Finding of Necessity Report for Council review. Staff would like to make a
presentation to Council and elicit input prior to placing the resolutions on an agenda.
Requested Council Action: Provide input to Staff regarding proposed CRA boundaries
and the proposed Finding of Necessity Report.
Financial Impact: None
Attachments: None
Submitting Department Head: Barry Brown Date:05110110
Approved by Acting City Manager: ��. Date:,/- /(/
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ) Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: May 18, 2010
Item No.
Subject: Discussion and provide direction related to the Annual and Sick Leave Policies.
Department: Administration
Summary: I have discovered the City's Personnel Policies and the Union Contract
have not been followed in relation to the accrual of annual and sick time.
Under the Personnel Policies an employee is allowed to accrue two times the annual
rate of accrual for annual leave and employees will not be entitled to accrue additional
annual leave time once they have reached the maximum allowed. Annual leave not
taken will be forfeited unless the City staffing needs prevent it. In that case,
accumulation will be permitted by approval of the City Manager. Employees may
accrue 720 hours for sick leave.
Under the Union Contract an employee is allowed to accumulate two times the annual
rate of accrual. Employees will not be entitled to accrue additional paid vacation days
once they have reached the maximum allowed. Unused paid vacation days in excess
of the maximum will be forfeited. Sick leave need not be used during the year accrued,
but may not be accumulated in excess of fifty (50) working days (400 hours).
Employees will not be entitled to accrue sick leave time once they have reached the
maximum allowed. Unused sick leave in excess of the maximum will be forfeited.
There has been no enforcement of the maximum accrual for both annual and sick leave.
The attached matrix lists those employees and the number of hours they would lose if
began enforcing this policy immediately.
Requested Council Action: The options I see are:
1. Immediately begin to enforce the policy by reducing the accrued hours for both
vacation and sick for those employees affected. Employees will lose any hours over the
maximum.
2. Immediately begin to enforce the sick leave policy by reducing/freezing the
accruals of sick hours for those employees affected. Immediately freeze vacation
accruals for any employee over the maximum and give them until the end of the fiscal
year to use the time. This option has consequences, as staffing levels may not allow
leave, at this time. I understand not being able to use leave is how some of these
employees found themselves in this position in the first place.
3. Immediately begin to enforce the sick leave policy by reducing/freezing the
accruals of sick hours for those employees affected. Immediately freeze vacation
accruals for any employee currently over the maximum, pay them for any hours accrued
which are over the maximum, on October 1, 2010 eliminate any overage and continue
to enforce the policy on a fiscal year cycle.
4. Immediately begin to enforce the sick leave policy by reducing/freezing the
accruals of sick hours for those employees affected. For any employee currently over
the maximum vacation hours, allow them to continue to accrue, but notify them they
need to take vacation time; at the last pay period of September, pay them for any hours
accrued which are over the maximum, and begin to enforce the policy on a fiscal year
cycle.
Request Council provide direction
Financial Impact: Fiscal impact is dependent upon the direction provided.
Attachments: Matrix listing affected employees and hours for same.
Submitting Department Head: NIA Date:
Approved by City Manager: � � Date: 5111110
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
] Tabled to Time Certain
Employee Accruals as of 5/1/10
Sick Leave
Employee # Dept Accrued Over 720
hour limit
Accrued
Vacation Leave
2 Year Hours
Limit Over Limit
Pay Out of
Excess
Vacation
Hours
1013
2
294.45
240 54.45
2,396.89
1061
10
1317. 597
573.22
360. 213.22
8,149.27
1102
10
818.5 98.5
-
1037
11
415.76
360 55.76
1,279.13
Union Contract
Sick Leave
Vacation Leave
Employee #
Dept
Over 400
Accrued
Accrued
2 Year Hours
hour limit
Limit Over Limit'
1106
7
581.5 181.5
-
1107
7
586.38 186.38
-
1045
10
390.66
360. 30.66
788.58
1062
10
275.28
240' 35.28
819.91
Total Pay Out
14,461.46
(with FICA)